Ex Parte Vu - Page 6



               Appeal No. 2007-0204                                                                         
               Application 10/938,966                                                                       
               encoding gradients S1, S2, or S5 shown in Fig. 3 and, so, "it is clear that there            
               are remaining slice and rewinder gradients still present in 2D imaging" (Brief               
               at 5).  We are not experts in this art, but it appears that while S1, S2, or S5 are          
               "slice gradients," they are not properly termed "slice encoding and rewinding                
               gradients," as argued.  Therefore, disabling S3 and S4 is not "reducing" the                 
               "slice encoding and rewinding gradients" from five to three; it is only                      
               reducing the number of slice gradients.  If S1, S2, and S5 are "slice encoding               
               and rewinding gradients," then the number of "slice encoding and rewinding                   
               gradients" is reduced, but this does not appear to be the case.                              
                     Appellant argues that original claim 1 called for "applying a pulse                    
               sequence that is applicable as a 3D pulse sequence with slice encoding and                   
               rewinder gradients disabled in one dimension . . .," and that specifying that                
               the slice encoding and rewinder gradients are disabled in one dimension                      
               means that they are not disabled in all dimensions (Brief at 5).  This implies               
               that there are "slice encoding and rewinding gradients" in other directions.                 
               We are not experts in this art, but it is not clear that S1, S2, or S5 are "slice            
               encoding and rewinding gradients" in other directions and we will not make                   
               this assumption absent a specific statement by Appellant.                                    
                     Appellant argues that there are six slice encoding gradients (S1-S6)                   
               shown in Fig. 2, and four slice encoding gradients (S1, S2, and S5 together                  
               with the next S1) shown in Fig. 3, so "[i]t is perfectly clear that slice encoding           
               gradients have been reduced" (Brief at 6).  It may be that the number of slice               
               gradients have been reduced, but it has not been shown that the number of                    

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